The Importance of Conducting a Thorough Trademark Search

Posted by on Nov 6, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments The problem with trademarks is the fact that they are literally the backbone of your company. Without it, you are just another business on the side of the road, unrecognizable and less likely to gain any type of following. Just as the trademarks can bring additional business to your company based on name recognition, consistent excellent quality of services and goods, and longstanding goodwill, a...
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The Benefits of Federal Trademark Registration

Posted by on Nov 4, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments When a party registers his or her trademark with the United States Patent and Trademark Office, presumptions come into play and infringement lawsuits become a lot more feasible from a financial standpoint. An infringement lawsuit is the only way to enforce trademark ownership and federal registration makes it much easier to win a federal lawsuit against later infringers. Federal registration make...
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Determining Trademark Ownership

Posted by on Nov 4, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments Trademark ownership is determined by who uses the mark first in a commercial setting. By simply using a name, logo, or other symbol to identify goods or services in the marketplace, a trademark has been created and trademark ownership has been established. There is no real difference between a trademark and a service mark. A trademark refers to any name, logo, symbol or other device used to...
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Big Sister Napolitano has a New Bill in the House to Control What We Can and Cannot Access Online

Posted by on Oct 29, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Copyright, Entertainment, Film, Intellectual Property, Music, News, Sports, Television, Trademark | 0 comments The entertainment industry has been voicing its support for a brand new bill introduced in the House of Representatives that takes aim at online websites that violate US Copyright laws, which is titled the Stop Online Piracy Act (H.R. 3261) and is scheduled for hearing by the House Judiciary committee on November 16, 2011. In May, the Senate also introduced a similar bill named the Protect IP Act...
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Is Federal Trademark Registration Necessary?

Posted by on Oct 28, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments Before the United States Patent and Trademark Office (which is sometimes referred to as the USPTO) was established in in 1790, there was (and still is) a common law right to a trademark. Today, we call trademarks that are not registered with the USPTO “common law” trademarks. An individual’s ownership rights in a trade or service mark is established the minute the individual becomes the...
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